The NST-Spell It Right concept lacks the originality required for copyright protection, being merely a compilation of pre-existing ideas.

Background Facts

[1] Sometime in the later part of 2004 or early 2005, the 1st appellant had certain discussions with the respondent with regards the formation of a joint venture to organise an English spelling competition amongst its readers. The negotiations were centered around the parties jointly running a programme with the 1st appellant as the main sponsor. The understanding at that time being that the 1st appellant was to be only one of many sponsors. In the course of the discussions, the respondent presented a paper entitled ABX Spelling Competition ('ABX Version'). The ABX Version was said to have been prepared by one Kamar Azman Kamaruzaman (PW1). PW1 did not dispute that the concept behind the spelling competition was derived by him from the American Spelling Bee competition which he saw on television. During the negotiations, the said Kamar Azman Kamaruzaman held himself out to be the consultant for the respondent.

[2] It is not in dispute that during the course of the negotiations, the appellants provided their own input and this input was incorporated into the original ABX Version. At some point in the negotiations, the respondent coined the title NST-Spell It Right for the ABX Version incorporating the changes suggested by representatives of the appellants. The respondent through PW2 conceded that NST-Spell It Right incorporated some of the features suggested by the appellants during the negotiations.

[3] Following the coining of the title, the respondent presumably acting on legal advice caused its directors to swear a statutory declaration claiming ownership of the copyright in the concept paper titled NST-Spell It Right (see vol 2(6) Part C pp 1196 to 1221). The collaboration of the parties in 2005 did not materialise into a joint venture to implement the competition primarily because the parties were unable to attract sufficient sponsors.

[4] Following the aborting of the joint venture, the appellants put in place their own spelling competition after encountering better success with sponsors. This competition introduced in 2008 involved the appellants working with RHB Bank Berhad resulting in the competition being known as the RHB-NST-Spell It Right. The 1st appellant then successfully applied to register the name 'RHB-NST-Spell It Right' as a trademark. The respondent did not take kindly to the 1st appellant working with RHB and the registration of the trademark. The respondent commenced these proceedings claiming copyright infringement and breach of confidence on the part of the appellants by a writ filed on 3 May 2011. The alleged infringement being that the concept behind RHB-NST-Spell It Right incorporated features contained in the NST-Spell It Right.